Procedures for the Development, Implementation and Monitoring of the Maritime Spatial Plan

Issued pursuant to
Section 7, Paragraph one, Clause 10 of
the Spatial Development Planning Law

I. General Provisions

1. This Regulation prescribes the procedures for the development, implementation and monitoring of a maritime spatial plan.

2. A maritime spatial plan shall be developed for the part of the Baltic Sea under the jurisdiction of the Republic of Latvia, taking into account the terrestrial part that is functionally interlinked with the sea.

3. A maritime spatial plan shall be developed in accordance with the maritime strategy laid down in the laws and regulations regarding protection and management of the maritime environment and taking into account the international policy documents and legal acts, as well as development planning documents and legal acts of national level.

4. In determining the permitted marine use, the following shall be taken into account:

4.1. the physiogeographical characteristics of the sea;

4.2. the areas of significance for fish stocks, fishing and aquaculture;

4.3. the objects and territories necessary for ensuring navigation and port operation;

4.4. the specially protected natural areas;

4.5. the natural habitats and biological diversity;

4.6. the cultural heritage and landscapes;

4.7. the territories of the fields and deposits of mineral resources;

4.8. the analysis of economic activity, including fisheries, maritime transport, port operation, use of renewable energy resources, extraction of resources from subsoil, tourism;

4.9. the spatial development planning documents of Riga and Kurzeme planning regions and local governments, the administrative territory of which has a sea border (hereinafter - coastal local governments);

4.10. the factors ensuring national defence;

4.11. the military training areas;

4.12. the linear infrastructure;

4.13. information regarding explosive objects and sites where chemical warfare substances have been submerged;

4.14. the requirements for the use of civil aviation aerodromes having an impact on the sea;

4.15. the contemporary geological processes (wind surge and coastal erosion);

4.16. the latest scientific findings, studies, evaluations and information available in databases, including the studies jointly developed for the Baltic Sea Region within the scope of the Baltic Marine Environment Protection Commission (HELCOM);

4.17. transboundary impact;

4.18. impact and tendencies caused by climate changes.

5. In developing a maritime spatial plan the Ministry of Environmental Protection and Regional Development (hereinafter - responsible ministry), taking into account the international obligations of the Republic of Latvia, shall co-operate with the states with which Latvia has a joint sea border, informing regarding commencement of development of a maritime spatial plan and the measures of public discussion.

6. An additional thematic plan may be developed for individual parts of the sea.

7. The development, implementation and monitoring of a maritime spatial plan shall be ensured by the responsible ministry in co-operation with the Latvian Institute of Aquatic Ecology (hereinafter - Institute of Aquatic Ecology) and the State stock company "Maritime Administration of Latvia" (hereinafter - Maritime Administration).

8. The Institute of Aquatic Ecology, according to the terms of reference of the maritime spatial plan and Paragraphs 4, 13, 14 and 18 of this Regulation, shall prepare the strategic section of the maritime spatial plan, the explanatory note and a description of the permitted marine use.

9. The Maritime Administration, according to the terms of reference of the maritime spatial plan and Paragraphs 4, 15, 16 and 17 of this Regulation, shall prepare the graphical section of the maritime spatial plan.

10. The approved maritime spatial plan shall be inserted in the Spatial Development Planning Information System (hereinafter - SDPIS) in accordance with the laws and regulations regarding spatial development planning information system.

11. The responsible ministry shall compile and store documents regarding the process of developing a maritime spatial plan.

II. Components and Content of a Maritime Spatial Plan

12. A maritime spatial plan shall consist of:

12.1. the strategic section;

12.2. the explanatory note;

12.3. the graphical section;

12.4. the description of the permitted use.

13. The strategic section shall include a long-term development vision, strategic objectives, development guidelines and tasks of the plan.

14. The explanatory note shall include an assessment of the current situation, which shall include:

14.1. the interaction of the maritime spatial plan with other development planning documents and legal acts;

14.2. a general characterisation of the marine waters and environmental condition;

14.3. a report on the maritime nature and cultural and historical resources, including landscapes;

14.4. information regarding the marine use, taking into account environmental, social and economic aspects;

14.5. the functional linkage between the sea and the land;

14.6. the trend analysis of the marine spatial uses.

15. The graphical section shall consist of a map of the permitted marine use and, if necessary, thematic maps and schematic maps.

16. The following shall be included in the graphical section:

16.1. the sea navigation map data;

16.2. the internal sea waters, territorial sea and exclusive economic zone of the Republic of Latvia;

16.3. the permitted marine use;

16.4. the encumbered territories and objects for which protection zones are determined and which may be depicted in the selected map scale;

16.5. the boundary of administrative territories;

16.6. if necessary, other areas and objects.

17. The graphical section of a maritime spatial plan shall be prepared in the WGS84 (World Geodetic System 1984) co-ordinate system in Mercator projection (57^o), using geodetic (elliptical) co-ordinates, with scale certainty 1:200 000. Another corresponding scale may be selected for thematic plans of individual parts of the sea.

18. A description of the permitted marine use shall include:

18.1. the categories and types of the permitted use;

18.2. the conditions for marine use in each permitted category and type of use.

III. Procedures for the Development of a Maritime Spatial Plan

19. The Minister for Environmental Protection and Regional Development (hereinafter - responsible minister), in taking a decision to commence the development of a maritime spatial plan, shall approve the person developing the plan.

20. In order to ensure regular involvement and participation of State institutions, planning regions, coastal local governments and public representatives in the development process of a maritime spatial plan, the responsible minister shall approve a working group, its by-law and personnel.

21. The head of the development of a maritime spatial plan and working group shall be a representative of the responsible ministry.

22. The working group shall contain representatives from:

22.1. the responsible ministry;

22.2. the Ministry of Defence;

22.3. the Ministry of Foreign Affairs;

22.4. the Ministry of Economics;

22.5. the Ministry of the Interior;

22.6. the Ministry of Culture;

22.7. the Ministry of Transport;

22.8. the Ministry of Justice;

22.9. the Ministry of Agriculture;

22.10. the Cross-sectoral Co-ordination Centre;

22.11. Kurzeme planning region;

22.12. Riga planning region;

22.13. the Latvian Association of Coastal Local and Regional Governments;

22.14. the Environmental Advisory Council;

22.15. the Fisheries Advisory Council;

22.16. the Latvian Port Association;

22.17. the Latvian Transit Business Association.

23. The responsible minister shall approve the terms of reference prepared by the working group.

24. The terms of reference shall include at least the following information and conditions:

24.1. the justification and tasks of developing the maritime spatial plan;

24.2. the requirements for assessment of the current situation;

24.3. the requirements for the graphical section;

24.4. the requirements for the description of the permitted marine use;

24.5. a list of institutions from which conditions or information for the development of a maritime spatial plan should be requested;

24.6. the planned types and measures of public participation.

25. Upon request of the person managing the development the institutions referred to in the terms of reference shall provide the information available to them, which is necessary for the development of the maritime spatial plan.

26. The responsible ministry shall ensure public participation measures in accordance with the laws and regulations regarding organising public participation.

27. The responsible ministry shall lodge a draft maritime spatial plan to the Cabinet for approval.

28. Amendments to a maritime spatial plan shall be changes in the permitted use and conditions for the marine use, and they shall be developed in accordance with the procedures laid down in Paragraphs 19, 20, 21, 22, 23, 24, 25, 26 and 27 of this Regulation.

IV. Procedures for the Implementation and Monitoring of a Maritime Spatial Plan

29. Implementation and monitoring of a maritime spatial plan shall be ensured by the responsible ministry in co-operation with the competent authorities of the relevant sectors, assessing the conformity of the intended activity with the maritime spatial plan.

30. The responsible ministry shall, at least once every six years, in co-operation with the Institute of Aquatic Ecology and the Maritime Administration prepare an informative report on the implementation of the maritime spatial plan and submit it to the Cabinet for examination.

31. The informative report laid down in Paragraph 30 of this Regulation shall be prepared (if possible, concurrently with revision of the programme of measures in accordance with the laws and regulations regarding protection and management of the maritime environment):

31.1. taking into account the maritime spatial plan;

31.2. on the basis of the current information provided by the State and local government institutions;

31.3. if necessary, by including proposals for amendments to the maritime spatial plan.

V. Closing Provisions

32. Until the creation of the SDPIS a draft maritime spatial plan and approved maritime spatial plan shall be published on the website of the responsible ministry.

33. Until the creation of the SDPIS information regarding establishment of new objects or territories in the sea, the type of their use and co-ordinates shall be sent electronically to the Maritime Administration, insofar as it is not in contradiction with the requirements of other laws and regulations.

Prime Minister V. Dombrovskis

Acting for the Minister for Environmental
Protection and Regional Development -
Minister for Economics - D. Pavļuts

Translation © 2015 Valsts valodas centrs (State Language Centre)